First, the Court ruled that the Fourth Circuit’s conclusion that consumers accusing manufacturers of making false advertising statements must show that no reasonable expert would agree with the statements was inconsistent with California precedent and not binding. Second, the Court noted that Plaintiff does not allege that all experts agree that Defendant’s product lacks a health benefit, but rather that the product in fact lacks that benefit. Third, the Court found that Plaintiff’s asserted theories of liability went beyond a claim that Defendant knowingly made a false statement about its product. Order.

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About Perkins Coie’s Food Litigation Group

Perkins Coie attorneys have had considerable success in countering the rising trend of class actions and individual lawsuits targeting the food and beverage industry following increased attention to product labeling, advertising, genetically modified organisms (GMOs) and consumer fraud. We protect food and beverage clients by deploying decisive measures that reduce their liability and, when feasible, shut down litigation early and cost-effectively. Additionally, we have advised clients on product recalls and product liability exposure and served as national coordinating defense counsel in complex nationwide class actions. Perkins Coie attorneys often lead the industry conversation in this evolving area of law.